Iowa Code 477A.9 – Nondiscrimination by municipality
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1. A municipality shall allow the holder of a certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.
Terms Used In Iowa Code 477A.9
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Certificate: means a certificate of title. See Iowa Code 462A.2
- Franchise: means an initial authorization, or renewal of an authorization, issued by the board or a municipality, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable system or video service provider's network in a public right-of-way. See Iowa Code 477A.1
- Municipality: means a city. See Iowa Code 477A.1
- Public right-of-way: means the area on, below, or above a public roadway, highway, street, bridge, cartway, bicycle lane, or public sidewalk in which the municipality has an interest, including other dedicated rights-of-way for travel purposes and utility easements. See Iowa Code 477A.1
2. A municipality shall not discriminate against the holder of a certificate of franchise authority in providing access to a municipal building or through a municipal utility pole attachment term.